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HomeMy WebLinkAboutMinutes - 06/04/2009 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Meeting June 4, 2009 Chairman Howell called the June 4, 2009 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In Attendance were the following: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Absent: None. Also in attendance were: Attorney Kelly Cahill, Deputy City Administrator Martin, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Schepler to approve minutes of the Planning and Zoning Commission as follows as presented: March 19, 2009 regularly scheduled meeting April 2, 2009 regularly scheduled meeting May 7, 2009 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing: Buddyz Riverwalk File No. Z-743 3542 Waukegan Road Conditional Use Permits Chairman Howell called the Public Hearing to order at 7:31 p.m. regarding File No. Z-743, an application for conditional use permit to allow a restaurant serving alcoholic beverages and outdoor service as requested by Buddyz Riverwalk for the property located at 3542 Waukegan Road. Chairman Howell noted due to a deficiency in publication requirements, the public hearing is being recessed until June 18, 2009 at 7:30 p.m. in the McHenry Municipal Center Council Chambers. Chairman Howell requested a motion to recess the hearing. Motion by Ekstrom, seconded by Nadeau, to recess the public hearing regarding File No. Z-743 as outlined by Chairman Howell until June 18, 2009 at 7:30 p.m. in the Municipal Center Council Chambers. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Planning and Zoning Commission June 5, 2009 Page 2 Motion carried 7-0. The public hearing was recessed at 7:32 p.m. Public Hearing: Verizon Wireless File No. Z-742 1415 Industrial Drive Conditional Use Permit and Variances Chairman Howell called the Public Hearing to order at 7:33 p.m. regarding File No. Z-742, an application for conditional use permit to allow a monopole telecommunications tower and variances as to setback requirements and maximum height as requested by Verizon Wireless for City of McHenry property located at 1415 Industrial Drive. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on May 20, 2009. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s Office. In attendance representing the applicant were Stu Harrison of and Ed Murray of Harrison Realty Service. Both were sworn in by Chairman Howell. Mr. Harrison stated Verizon Wireless is seeking a conditional use permit to allow the construction of a freestanding monopole for wireless telecommunication on the City’s Public Works Facility property located at 1415 Industrial Drive. In conjunction with the tower, which would be constructed on a 40’ by 40’ site located at the southeast corner of the property, Verizon is also seeking permission to build a 345 square foot equipment shelter. The monopole would be 96’ in height with a 4’ lightning rod for a total height of 100’. A slatted fence would surround the 40’ by 40’ site. Mr. Harrison noted if the conditional use permit is granted, the monopole would allow for placement of two other carriers to co-locate on it. One of those carriers could be the City, who would have first right of refusal. Mr. Harrison stated Verizon is seeking permission to utilize this location as it would provide better wireless service to the McHenry’s downtown area. He provided the Commission with Exhibits indicating the current service coverage as well as the future coverage by the carrier if the conditional use permit is granted. Mr. Harrison noted the coverage area increase would be beneficial to 911 and the State of Illinois, for whom Verizon Wireless provides wireless service, as well as to the residents of the community. Deputy City Administrator Martin provided the Staff Report regarding this matter. He noted Verizon Wireless has been seeking a location to augment their wireless services for several months. Initially, they were intending to utilize the Sioux Lane Water Tower, However, there are already three carriers utilizing the tower, and engineering conducted on the tower concluded it could support no more carriers. Deputy City Administrator Martin noted the Public Works property is zoned Industrial which permits a conditional use for a telecommunications tower. He noted the maximum height permitted without variance is 55’. The proposed 100’ height of the Planning and Zoning Commission June 5, 2009 Page 3 tower requires a variance. The ordinance also requires that the tower be setback100’ from adjacent non-residential property (Jewel Foods) and 250’ from any residential property. The setback from the Jewel property is close to 100’. The closest residence is east of the railroad tracks which provide a buffer from the proposed use. Deputy City Administrator Martin concluded, noting Staff has reviewed the request and supports the conditional use permit and variances, subject to the applicant entering into a land lease agreement with the City. Chairman Howell invited questions and comments from the Commission. In response to an inquiry, Mr. Harrison stated the equipment building would be a block structure. It would be climate-controlled with a backup 60 kilowatt generator to ensure the air conditioning/heat continues to operate in a power outage. The diesel-operated generator has a 210 gallon tank which would be accessed from outside of the building. Mr. Harrison noted there is a door system which would be utilized for filling the tank. Question was raised as to what the City would utilize the tower for if it decided to co-locate on it. Deputy City Administrator Martin responded the City has made no decision about the possible use of the tower at this time. The City is in the midst of drafting a land lease agreement with Verizon for the City’s property. Two carriers would be able to co-locate on the tower. Ultimately, the City could be one of those users. Responding to an inquiry regarding the proposed coverage from the tower, Mr. Harrison said the range of coverage would be 1-2 miles, which would incorporate the downtown area. The goal of Verizon is to upgrade service coverage in McHenry’s downtown area. Following additional questions, Mr. Harrison stated the tower would likely increase service further to the north and south. However, due to topography and trees increased service to the west and east is unlikely. Providing clarification, Deputy City Administrator Martin stated Verizon controls the tower and the City controls the ground space, as far as future co-locators are concerned. The City would receive revenue from other carriers who rent ground space in conjunction with using the tower. Question was raised as to removal of the tower when Verizon is no longer utilizing it. Mr. Harrison responded Verizon would remove the tower at least three feet below grade within 90 days of cessation of its use. Deputy City Administrator Martin noted the land lease agreement will require a Letter of Credit or Surety Bond guarantee to ensure removal of the tower upon its cessation of use. Discussion followed as to why the City’s ordinance restricts towers to 55’ in height without a variance and a maximum of 100’ provided a variance has been granted. Deputy City Administrator Martin noted anything more than 100’ becomes more visible and could be an aesthetic issue. He stated the City’s ordinance is fairly restrictive. Mr. Harrison noted most of Verizon’s towers are 150-170’ in height. Some commissioners mentioned that it might be in the City’s best interest to increase the allowable height of monopole telecommunications towers. Responding to the suggestion that Verizon amend their request to increase the proposed height of the tower, Deputy City Administrator Martin stated the Planning and Zoning Commission June 5, 2009 Page 4 ordinance is clear that the maximum allowable height at this time is 100’, subject to the applicant being granted a variance as to height. In order for Verizon, or any other carrier, to be permitted to seek a taller tower, the City’s Zoning Ordinance would first have to be amended. He noted Zoning Ordinance text amendments require a public hearing. Discussion continued. Chairman Howell noted there were no public comments or questions regarding this matter. Motion by Nadeau, seconded by Buhrman, to recommend to the McHenry City Council, that with regard to File No. Z-742, a request from Verizon Wireless for the following be granted: 1. conditional use permit to allow the construction of a new freestanding monopole wireless telecommunications facility on the City’s Public Works Facility located at 1415 Industrial Drive, subject to the following: a. the City and Verizon Wireless enter into a land lease agreement; b. otherwise, the conditional use permit shall be considered null and void. 2. variance to permit the construction of a 100’ tall support structure; 3. variances for building/structure setback from the south and east property lines; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358, has been met; and that Table 32, the Approval Criteria for Variances, page 377-378, has been met.. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the public hearing at 7:55 p.m. Other Business In response to Commissioner Nadeau’s inquiry, Deputy City Administrator Martin clarified what needs to occur for Verizon Wireless to be able to seek a higher monopole. The follow matters were briefly discussed: Status of Wal-Mart expansion/moving (conducting due diligence). Viability of Sears Grand (lack of marketing campaign) Vacant BP Amoco sites Vacant Dominic’s Store Status of Walgreen’s at Bull Valley Road and Crystal Lake Road (dormant) Status of Joey T’s Restaurant relocating (not at this time) Tear down of Joey T’s Restaurant (Council approval for demolition). Planning and Zoning Commission June 5, 2009 Page 5 Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn the meeting at 8:13 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:13 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry